Subject_1 PRESCRIPTION.
Subject_2 DIVISION XVI. Interruption of the Positive Prescription.
Date: The King and the E Monteith
v.
-
29 March 1630
Case No.No 455.
Interruption by the Crown.
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After mature deliberation and reasoning amongst the Lords, upon a letter exhibited by the Earl of Monteith to them from the King's Majesty diverse days of before; it was at length found, That the publication and proclamation of that letter at the market-crosses of any sheriffdom, within the which any party having interest dwells, whose right may be quarrelled by the King, without intenting of any action against any person, or any particular citation of any person, should serve to the King, being so published to the lieges generally before the 13 years expired, appointed by that act of prescription, to interrupt the prescription, which might run against the King's right, appointed by the act of prescription anno 1617, as effectually as if action had been intented and executed against particular persons, within the space foresaid, notwithstanding that by that act, intenting of action within that space was appointed and required specially to be executed; which the Lords by their ordinance found was supplied by this publication of the King's letter and will, whereof the Lords allowed, and interponed their authority thereto nemine opponente.
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